Surgeon who forced himself on junior doctor avoids punishment

Dr Milind Mehta, 48, asked the woman into his office at Dr Gray’s Hospital in Elgin, Scotland, on the pretext of showing her medical slides – only to them press himself against her chest before kissing her repeatedly around the neck and shoulder

An orthopaedic surgeon, who forced himself on a junior doctor, has avoided punishment after organising Powerpoint presentations using himself as the example to stop other doctors harassing colleagues. 

Dr Milind Mehta, 48, asked the woman into his office at Dr Gray’s Hospital in Elgin, Scotland, on the pretext of showing her medical slides – only to press himself against her chest before kissing her repeatedly around the neck and shoulder.

Afterwards the colleague – known as Dr D – asked Mehta if he had tricked her into going in to his office to which he laughed and replied: ‘I hope you did not get the wrong idea.’

The woman was said to have felt ‘uncomfortable’ during the encounter, complained to senior colleagues and during an investigation into Mehta, a patient’s mother and a NHS manageress also claimed he had behaved inappropriately towards them.

At the Medical Practitioners Tribunal Service, Mehta was found guilty of sexually motivated misconduct towards Dr D.

But a disciplinary panel imposed no sanction upon him after learning the surgeon was so remorseful he arranged presentations for up to 75 colleagues at a time in which he used himself as a case study and spoke openly about his misdemeanours and urged fellow doctors to learn from his mistakes.

The Manchester hearing was told the incident occurred on February 26, 2015 whilst Mehta was working at Dr Grays Hospital.

Dr D was a FY1 doctor completing a year in anaesthetics but had become upset at learning her boyfriend who lived in Glasgow had been diagnosed with cancer and confided in Mehta whilst they were having a coffee break.

Two days later Mehta asked her to assist him in a surgery he was performing that afternoon then asked her if she would like to see a presentation he had on orthopaedic topics.

Chloe Blinding counsel for the General Medical Council said: ‘She accepted the offer and went into his office. They were both sat quite close at the desk but the computer was not turned on at any stage. She said that the conversation began to be of a more personal nature and Dr Mehta made comments about her partner’s illness.

‘He said it wasn’t cheating if she confided in someone who wasn’t her boyfriend and that moving to Glasgow was a nightmare. He said that if she went she would have to look after her partner and if she did that then she should have fun while she was still in Elgin.

‘Dr D was very uncomfortable at that time. Dr Mehta hugged her repeatedly and pushed their chests together. She was looking around the room avoiding eye contact trying to get away.

‘Dr Mehta put his head on her shoulder to rest and then she felt him kiss her neck and down to her shoulder and the base of her neck. She made to leave and asked him if there were ever any presentations. Dr Mehta laughed and said ‘no’ and she asked if he had tricked her into coming into his office and he laughed again and replied I hope you didn’t get the wrong idea. ‘

In statements to the Grampian NHS Trust Dr D said at the time of the incident she was wearing a wide necked top which exposed part of her shoulder and said there were ‘four to five kisses of one or two seconds each.’

At the Medical Practitioners Tribunal Service, Mehta was found guilty of sexually motivated misconduct towards Dr D

At the Medical Practitioners Tribunal Service, Mehta was found guilty of sexually motivated misconduct towards Dr D

She added ‘He told me I should enjoy my final few months in Elgin with my friends because moving to Glasgow would be more stressful with being in a new place having my boyfriend depend on me all the time.

‘He pulled me in tighter to his chest and lowered his head onto my shoulder so his lips were touching my skin, and he kissed my shoulder repeatedly for a few seconds, edging slightly closer to my neck each time. He kind of pulled me real close and then bent his head down over my shoulder and put his lips on my neck and started kissing it.’

Mehta initially denied kissing Dr D and claimed the only physical contact was a handshake. However he later admitted kissing her saying it was ‘to comfort her in the same empathetic manner he would to his son’s girlfriend, niece or daughter.’ he claiemd his admision came after ‘deep ruthlessly honest introspection.’

The hearing was told Mehta had also kissed a senior manageress ‘near her mouth’ following a meeting at the hospital in 2012 and had telephoned another woman at her home in 2013 after he treated her son and asked if she was married.

In imposing no sanction chairman Stuart McLeese said: ‘Since these events you have undertaken extensive remediation, including a number of courses on respecting professional and personal boundaries. It is clear that you have been extremely open with colleagues, sharing your experiences and what you have learned from them.

‘The tribunal has been provided with a significant number of testimonials from professional colleagues who attest to the fact that you are a respected and valued clinician. You are clearly remorseful for your behaviour and the tribunal is satisfied that you are highly unlikely to repeat.’

The Manchester hearing was told the incident occurred on February 26, 2015 whilst Mehta was working at Dr Grays Hospital (pictured)

The Manchester hearing was told the incident occurred on February 26, 2015 whilst Mehta was working at Dr Grays Hospital (pictured)

He added: ‘Your case is an exceptional one. Foremost is that you have, over a lengthy period of time since the incident in question, publicly involved yourself in presentations and discussions that were specifically based upon your own inappropriate behaviour and shortcomings, and at least one of which was attended by more than 75 colleagues.

‘For a doctor who has behaved in a number of inappropriate ways, to open himself up to public scrutiny in the way in which you have done demonstrates a degree of insight, remorse, willingness to improve yourself and concern for your profession that is exceptional.

‘In giving the presentations and involving yourself in discussions you have not just remediated your own practice but proactively sought to engage in restorative work which helps to reduce the risk that other doctors may act inappropriately.

‘Your desire to assist in upholding the standards of the profession and reduce the chances that others will act in such a way as to damage the public’s confidence in the profession is genuine and exceptional. Many of your colleagues speak of your presentations and your openness with regard to your misconduct and it is clear you have gone far beyond the basic reporting requirements placed upon you.

‘It noted that, following the previous part heard listing of this hearing, you even took the time to amend your PowerPoint presentation to set out the tribunal’s findings of sexual motivation on your part and held another ‘Schwartz round’ discussion with colleagues using the amended slides.

‘In terms of the learning you have undertaken and your efforts to remediate you have shown exceptional candour and openness. Whilst it is not uncommon for doctors to show personal reflection and remediation, it is very unusual for a doctor to use their reflection to the extent which you have in order to assist colleagues.’

Earlier Mehta’s counsel Alan Jenkins said: ‘He held himself out as an example from which other doctors and colleagues could learn.Whilst he was obliged to tell any employer about the allegations against him, he did not have to tell the world.’

NHS director David Wilkinson who attended one of the presentations said in a statement. ‘He is someone that had truly learnt from his experiences and putting into practice his learning. By sharing his story in such an open and honest way, he was helping to support the development of an open, transparent, learning culture where colleagues are supported to learn and improve.’  



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